Breaking tenancy agreement on medical grounds

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    Breaking tenancy agreement on medical grounds

    Hi all

    I have posted previously with a thread called 'Future Nightmare Neighbours'. In summary, we have just signed for another 12 months (been in the property 2 years already) to now find out that the person moving in next door is, in what the letting agent described to us after a viewing that turned into an argument that spilled out onto the street causing us to go out and get involved, "not someone you want to be living next door to" as they had housed her a few times before. They clearly thought she wouldn't move in, though plans have obviously changed.

    Antisocial behaviour is what we expect. Parties, noise, confrontation, hygiene issues.

    Now, we are a family and this is causing my wife in particular a lot of anxiety. We have suffered significantly with neighbours in the past. I previously asked (on the other post) if there was any official routes we could go via to complain if and when these issues arise (although they may not).

    The tenancy agreement I have just (foolishly, now it seems) signed locks us in for the full 12 months - significant financial penalties if we want to break it (paying marketing costs, can only move if and when its re-let etc.)

    However, speaking to someone yesterday, they said that 'medical grounds' should be enough to allow us to break the tenancy agreement without financial penalty. If the new neighbour is trouble, as the last one has been over the last 12 months, then we would want to take the opportunity to move elsewhere, but really cant swallow the c£1k cost I anticipate it would be to move (£500 marketing costs, having to find new bond, moving costs etc).

    My son is diagnosed with autism, and my wife suffers from anxiety and can get re-diagnosed easily by our GP. I firmly expect the first sight of trouble from next door to cause problems and aggravate both these conditions (sons bedroom overlooks their garden - cheaply built house means any late night noise - he's easily woken). Quality of life is clearly very important but also finely balanced.

    So, my question is, does anyone have any experience or advice on using medical grounds to break a tenancy agreement. I would imagine a doctors letter to the letting agent would be needed, but how much weight does a GP letter carry to a business who are there purely to make profit?

    Would pre-warning the letting agency about these medical conditions and our thought on breaking the agreement on medical grounds if our quality of life is affected be a wise thing, or forewarn them to get a counter argument/advice themselves?

    Thanks

    #2
    Basically, you can't end the lease on medical grounds.

    I would try speaking to the agent and explain that you only agreed to the new lease on the basis of a statement that the nightmare tenant would not be moving in.
    You wish to end the tenancy early, and expect them to handle this in a reasonable manner as they are partially responsible for the problem.

    Essentially you are negotiating from a weak position, but I think it's your only option.
    When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
    Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

    Comment


      #3
      A tenancy doesn't end when someone dies so I fail to see how a letter from a GP stating someones state of anxiety is going to end a tenancy agreement.
      "I'm afraid I didn't do enough background checks apart from checking her identity on Facebook" - ANON

      What I say is based on my own experience and research - Please don't take as gospel without first checking the gospel yourself.

      Comment


        #4
        Originally posted by vandamme View Post

        However, speaking to someone yesterday, they said that 'medical grounds' should be enough to allow us to break the tenancy agreement without financial penalty.
        Ask them to give you the details you require.
        Allow tenants to protect their own deposits. I want free money when they do it wrong

        Comment


          #5
          They're almost certainly mixing up social housing re-housing requests and this situation.
          When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
          Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

          Comment


            #6
            Thanks for the replies.

            The person who suggested this was an unreliable source. Now I have, and in turn he will be, put firmly in our place.

            I'll try to avoid dying meanwhile.

            Comment


              #7
              You're not being put in your place you're being offered free advice it's jus that it's not advice you want to hear.
              "I'm afraid I didn't do enough background checks apart from checking her identity on Facebook" - ANON

              What I say is based on my own experience and research - Please don't take as gospel without first checking the gospel yourself.

              Comment


                #8
                wasnt aimed at you - have found this free advice invaluable and my thanks were genuine.

                "Ask them to give you the details you require" seemed a little like place putting though, although I'm not overly familiar with the tone of these boards.

                Anyway - thanks again. You are right - its not what I was hoping to hearbut allows me to avoid looking a tw*t, for which I am always grateful.

                Comment


                  #9
                  Trouble is, the written word is read as the reader wants to read it not how the writer wrote it which is where most of my dead pan jokes/sarcasm falls flat on it's face.

                  The source of the advice does seem a good place to start to get details though.
                  "I'm afraid I didn't do enough background checks apart from checking her identity on Facebook" - ANON

                  What I say is based on my own experience and research - Please don't take as gospel without first checking the gospel yourself.

                  Comment


                    #10
                    Indeed...

                    The "source" is such a tenuous link its made me regret even mentioning it - though when you hear advice you WANT to hear, suddenly they become the most trustworthy source you have!

                    Its the son (who I haven't met) of the friend (who I haven't met) of my mother in law (who I have met). Who works "in property".

                    I'll stick with you guys from now on

                    Comment


                      #11
                      What would happen if you broke the tenancy due to breaching the AST?

                      If the T stopped paying rent and the LL went for a section 8 eviction, would they still be liable for all the relet fees that they would be if they simply tried to walk away from the agreement? If thinking from this T's point of view but also if this happened to me with my T's.
                      "I'm afraid I didn't do enough background checks apart from checking her identity on Facebook" - ANON

                      What I say is based on my own experience and research - Please don't take as gospel without first checking the gospel yourself.

                      Comment


                        #12
                        vandamme takes a trip to B&Q to purchase some truly offensive gloss paint...

                        There's lateral thinking. I can't recommend it myself... but certainly an interesting approach.

                        Comment


                          #13
                          Originally posted by vandamme View Post
                          wasnt aimed at you - have found this free advice invaluable and my thanks were genuine.

                          "Ask them to give you the details you require" seemed a little like place putting though, although I'm not overly familiar with the tone of these boards.

                          Anyway - thanks again. You are right - its not what I was hoping to hearbut allows me to avoid looking a tw*t, for which I am always grateful.

                          Sorry, it wasn't a criticsm of you. I didn't mean that you shouldn't come here for advice, but I just wanted you to tackle your source, and ask them for a source of their(mis)information.

                          I had a council housing officer tell me a year or two back that our tenant did not require to give us notice since we had served a Sec 21 notice(a so-called eviction notice).
                          She was adamant that her source at Shelter had told her. I asked her to get her source to put it in writing. I chased it for a few months, but never received it.

                          I had no problem with the housing officer, but was trying to show her that people can, and will, say anything, but when you ask them to back it up, they come up short.
                          Allow tenants to protect their own deposits. I want free money when they do it wrong

                          Comment


                            #14
                            Vandamme, if the new neighbours are so bad that it will affect your family's health, I would just move. Problem may be if you need a reference from your existing landlord.

                            Comment

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